Getting any communication from the U.S. Department of Justice can be a bit unnerving. That’s particularly true for medical providers receiving a Civil Investigative Demand (CID) for documents and testimony.
If you’re not sure what to do in response, keep reading and we’ll answer many of the questions you may be asking or should be asking.
What is a Civil Investigative Demand (CID)?
It’s a tool used by the Justice Department to investigate potential violations of the False Claims Act (FCA). The DOJ can issue a CID whenever the DOJ has “reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation." The bottom line is that the DOJ uses CIDs to obtain documents and identify potential witnesses so they can bring False Claims Act suits against the recipient or others.
What is the False Claims Act anyway?
It’s a broad statute that punishes many things, one of which is making false statements to the government in connection with a claim for payment from the government. The DOJ often uses CIDs to investigate medical providers who seek payment from Medicare and Medicaid.
We’ve also seen the DOJ use the False Claims Act as a tool to investigate supposed violations of the Anti-Kickback Statute.
What is the Anti-Kickback Statute?
It’s a law that prohibits receiving anything of value in exchange for referring business reimbursable by federal health care programs. While giving someone...
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